2013dan89392 (Counterclaim Insurance Money)

2. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the amount of KRW 4,00,000 and the interest rate of KRW 20% per annum from November 9, 2013 to the date of full payment.

3. The costs of lawsuit shall be borne by the plaintiff (Counterclaim defendant) by aggregating the principal lawsuit and counterclaim.

4. Paragraph 2 can be provisionally executed.

Counterclaim: The statement of the "duplicate of claim for a counterclaim" appears to be a clerical error in the "duplicate of claim for a counterclaim."

1. Basic facts

A. On April 27, 2005, the Defendant concluded an insurance contract with the Plaintiff and the insured as shown in the separate sheet (hereinafter “instant insurance contract”) with the Defendant, and paid the insurance premium to the Plaintiff.

B. According to the insurance contract of this case, where the defendant under the insurance contract of this case was performed directly for the purpose of treating a female specific disease under the terms and conditions of expenses for the surgery for women's specific disease under the insurance contract of this case (the term "operation under the insurance contract of this case" refers to the operation of cutting, piling, etc. to the living body by using the medical institution for the direct purpose of treating a female specific disease, and excluding the measures such as smoking, tent, etc., and the chronic blocking), it guarantees 4,00,000 won at the cost of the surgery for women's specific disease.

C. On March 4, 2013, the Defendant was diagnosed at the Future Women’s Hospital located at the lower end of 596-14, 2013, and was administered to treat herthluluene, sampling, and herthythy to treat it on the same day.

D. Around April 15, 2013, the Defendant filed a claim against the Plaintiff for the payment of insurance proceeds on the ground that the Plaintiff had undergone an operation for the purpose of treating a female specific disease as above. However, the Plaintiff refused the payment of insurance proceeds on the ground that the Defendant’s brythol, sampling, which was administered, does not constitute breath, which is a cause for the payment of insurance proceeds under the instant insurance contract.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 3 (including paper numbers), Eul 1 through 5, the purport of the whole pleadings

2. Determination on the principal lawsuit and counterclaim

A. The parties' assertion

1) The plaintiff's assertion

The plaintiff is the cause of the plaintiff's main claim that the operation, which is the cause of the payment of insurance money under the insurance contract of this case, refers to treating the skin or balone, and other organizations by cutting or cutting them by using medical equipment. The plaintiff asserts that the defendant's insurance payment liability of the plaintiff against the defendant in relation to the execution of balthythythythy of balthythythy of balthythy, which was administered by the defendant, does not exist, because it is merely a balthy before the procedure is performed, or a balthy of balthy of balthy, to reduce the internal liquid pressure by providing the entrance into the nearest side of balthythy of balthythy.

2) The defendant's assertion

As a cause of counter-claim, the Defendant asserts that, after the Defendant’s opening of the part with a spath of brylin, the Defendant removed the agricultural content, which is the content, and then refurns the part, and then refurns it again after making use of a medical device to cut the living body. As such, the Plaintiff is liable to pay the Defendant for the expenses for surgery on specific female diseases, 4,000,000,000 and damages for delay as stipulated in the instant insurance contract, as the insurance money for the implementation of the breging spathical refluent, which falls under the number of alcohol stipulated in the instant insurance contract.

B. Determination

As seen earlier, the Defendant’s operation under the insurance contract refers to: (a) as to whether the type of balthy of balthy is alcohol, which is the cause for the payment of insurance money under the instant insurance contract; (b) whether the balthy of balthythy is a cause for the payment of insurance money under the instant insurance contract; and (c) as to whether the Defendant’s operation under the instant insurance contract constitutes a balthy of balthy by using a medical device for the direct purpose of treating a female specific disease; and (d) as to the fact of recognition as well as the result of each inquiry into the head of this court’s future balthythythyythy; (c) as to whether the balthythythythy of balthythythy of balthythythy is formed by the Defendant’s balthythythy of crythythythy, and thus, the Defendant’s assertion that the balthythythy.

Therefore, the Plaintiff is obligated to pay to the Defendant the amount of KRW 4,00,000,00 for expenses incurred in surgery for a specific female disease under the instant insurance contract, as insurance money, and damages for delay calculated at the rate of 20% per annum from November 9, 2013 to the day of full payment, which is the day following the delivery of a duplicate of the instant counterclaim.

3. Conclusion

Therefore, the plaintiff's main claim is dismissed as it is without merit (the plaintiff only seeks to determine the existence of an obligation to pay insurance proceeds, and does not dispute the amount of insurance proceeds, and the plaintiff's claim is dismissed in its entirety) and the defendant's counterclaim claim is accepted in its reasoning and it is so decided as per Disposition.